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Ord 856 Approving a Zoning Change from R-5 to Planned Development PD-7 Spencer Ranch Ordinance 856 Page 1 of 15 TOWN OF WESTLAKE ORDINANCE NO. 856 AN ORDINANCE ZONING AN APPROXIMATELY 37.798 ACRE TRACT OF LAND GENERALLY LOCATED AT THE SOUTHEAST CORNER OF ASPEN LANE AND PEARSON ROAD, FURTHER DESCRIBED AND DEPICTED IN EXHIBIT “A” ATTACHED HERETO, FROM THE R5 “COUNTRY RESIDENTIAL” ZONING DISTRICT TO PD7 “PLANNED DEVELOPMENT DISTRICT NUMBER SEVEN”; AUTHORIZING RESIDENTIAL DEVELOPMENT; APPROVING A CONCEPT/DEVELOPMENT PLAN; APPROVING A SPECIFIC USE PERMIT (SUP) FOR PRIVATE STREETS; PROVIDING FOR THE AMENDMENT OF THE OFFICIAL ZONING MAP; PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING FOR A SAVINGS CLAUSE; PROVIDING FOR A PENALTY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Chapter 102 of the Code of Ordinances of the Town of Westlake establishes zoning districts, permissible uses, development standards, and other zoning related regulations; and WHEREAS, Section 62-31 of the Code of Ordinances of the Town of Westlake adopts a Comprehensive Plan for the Town of Westlake; and WHEREAS, Section 102-33(3) of the Code of Ordinances of the Town of Westlake states that the purpose of a Planned Development District is to: Provide for a superior design of lots or buildings; Provide for increased recreation and/or open space opportunities for public use; Provide rural amenities or features that would be of special benefit to the property users or community; Protect or preserve natural amenities and environmental assets such as trees, creeks, ponds, floodplains, slopes or hills and viewscapes; Protect or preserve existing historical buildings, structures, features or places; and provide an appropriate balance between the intensity of development and the ability to provide adequate supporting public facilities and services.; and WHEREAS, on November 17, 2017, the Town of Westlake received a Zoning Change Request from the Waterside Land Company, LLC on behalf of the property owner for the property depicted and described in Exhibit “A” requesting that the Town zone said property to PD7 “Planned Development District Number Seven” in accordance with Chapter 102 of the Code of Ordinances of the Town of Westlake, Texas; and WHEREAS, because of the size, location, and natural features of the property the Town has a critical interest in the development of said property and is encouraging such development to the highest possible standards of quality consistent with the Town's long-term development vision; and WHEREAS, the property owner (or representative) appeared before the Planning and Zoning Commission and Town Council and affirmed that the property owner is seeking this zoning request; and Applicant withdrew request A A A A AA A A A AA A A A A AA A Supplemental Sheet "Housing Type Concept/Development Plan" B B B B B B B B B B B B F F F F F F F F FF F FFF C C C C CC DDD D E E E E E DExhibit B-1 Ord 856 Exhibit B-2 Ord 856 SPENCER RANCH PROPOSED CONCEPT/DEVELOPMENT PLAN TOWN OF WESTLAKE March 23, 2018 This document is intended to be a summary of the key development terms and principles proposed for the new PD of the Spencer Ranch development, an approximately 38-acre parcel of land located at the southeast corner of North Pearson Lane and Aspen Lane in Westlake Texas. The property extends eastward to the Vaquero golf course property and southward to the border of the city of Keller. Further, this document will clearly state how the single entity developer/homebuilder is committed to and will comply with the various visions, aspects and intentions of the Westlake Comprehensive Plan. Ord 856 SPENCER RANCH GENERAL INFORMATION UNIQUE DELIVERY SYSTEM Single Builder/Developer: Waterside Properties, LLC is a 30+ year Homebuilding company and will serve as the sole homebuilder in Spencer Ranch. The Waterside Family of Companies was founded March 19, 1984 in the State of Texas. The Company has been building homes for over 30 years. T he development company was founded in 2017 to establish unique, high-value communities with a commitment to environmental ethics and social design that ultimately improve the inhabitants’ well-being. The Waterside Family of Companies has common ownership in the State of Texas. Waterside Land Co, LLC (www.watersidecompanies.com) Waterside Land Co, LLC is a boutique development arm of the Waterside family of companies and will serve as the sole land developer of Spencer Ranch. Waterside Properties, LLC (www.watersidecompanies.com) Waterside has created a “UNIQUE DELIVERY SYSTEM” SINGLE BUILDER/DEVELOPER PROJECT IMPLEMENTATION: In order for Westlake to sustain resistance to assimilation by the encroaching fabric of surrounding communities, Westlake must develop a place for a project delivery system that is not the same as those surrounding communities. At present, the dominant delivery system is land development driven, wherein there is a lot developer who sells buildable lots to a Home Builder who then brings in their own design services and their own resident client. As a result, there is a ”sameness” to the products created which are often hard to distinguish from the surrounding submarkets. Westlake needs a Developer/Builder who will not only develop the land…but…also, build the house on that land and thereby be in a position to create a truly unusual, lifestyle product that has exceptional quality. With “skin in the game” from the outset, there is an unusual motivation for quality as the ultimate return is from the home. The builder’s vision is the same as the developer’s vision and the ability to bring land development and home construction together in a distinguished way is more possible. Therefore, Waterside assures the Town that Waterside is fully committed to build this project (both land development and home construction) with the terms and conditions of that commitment, addressing unforeseen events, to be worked out in a development agreement with the Town. Ord 856 UNIQUE COMMUNITY Waterside’s creation of Spencer Ranch is an extraordinarily unique high-quality community committed to the various visions, aspects and intentions of the Westlake Comprehensive Plan as outlined below: Spencer Ranch Community: Our goal is to bring a sense of place to new communities through a well thought-out “reverse design process.” Hearkening back to centuries-old traditions of living on the land, we carefully study the terrain and craft landscape-appropriate homes that speak to the surrounding property. We follow a nonconformist method of designing and virtually building homes on the land before plotting streets, or placing the elements – lakes, creeks and pastoral swaths – ahead of development. This mindful approach interweaves the home design with the fabric of the land, blending indoors with outdoors for a more organic approach. The result is beautifully harmonious places in which to live and raise families. Spencer Ranch is a “Water Themed” community (as expressed in the Town’s Comp Plan page 83-88) with a maximum of 72 houses built in multiple “Housing Cluster Zones” (as expressed in the Town’s Comp Plan page 159) in a natural setting. The community restores the native mosaic related to the water system and re - establishes the natural fabric lost over time. Spencer Ranch creates a socially supportive streetscape unlike traditional subdivision developments. Of the many focal points in Spencer Ranch, the “Main Promenade” transcends that traditional street development creating the sense of true community and a gathering place. The community further reinforces the “social fabric” concept by the lack of solid fencing at individual properties and the use of specific view corridors crates “the sense of open land which is, as the Town’s comp plan calls it, “more essential than lot size.” as expressed in the Town’s Comp Plan page 159) With over 30 years’ experience in fine homebuilding, we also ensure consistency and quality of every element of the development and in every home. “We are creating a unique style of living in Spencer Ranch, with a level of amenities that is really unmatched anywhere and, that contains housing that, we feel, can be sustained for a hundred years,” says founder Paul Pastore. Waterside offers full Lock-N-Leave™ services through their sister company Waterside Home Maintenance Concierge (HMC), with on-site security, a concierge, and a maintenance team. Our clients have a high-end lifestyle in an uninhibited, maintenance free environment. The property will be secured with a perimeter iron fence, stone columns, and masonry wall sections - strategically placed as to not obscure the open spaces, and a secured gated entry and exit. This highly amenitized, luxury lifestyle Ord 856 community contains “multiple clusters” of housing, built around water themed land use defined by multi-layer forest and tree corridors defining the clustered zones. The community’s delivery of diversity of housing establishes a 3,000- square foot minimum home size, all with common core attributes of timeless architectural design coupled with high-quality, low-maintenance and energy- efficient homes that are finished out with best-in-class luxury-level interiors. The community is designed to encourage inhabitant interaction, promoting pedestrian mobility by bringing the homes and courtyards closer to the roadways, and by providing an internal trail and lakes system that connects the open spaces, tree preserve areas, and a design that shows most houses having direct interaction with water. Waterside has created a development that is a “WATER THEMED COMMUNITY” “WATER THEMED DEVELOPMENT: Page 83-88 of the Comprehensive Plan places the development tract in a steeper topographic setting (not the steepest) and recommends that this location is appropriate for “water related” development. Page 88 of the Comprehensive states that “additional measures other than density may be suitable for preservation of the hillside and viewshed”. Those other measures include limitations on grading (described above) and “water related” development that includes multiple water amenities. Therefore, Waterside is presenting a development design that employs water as a major component of the project…such water will be used to mitigate erosion and stabilize the grade condition. Additionally, the water will be used to create development clusters as called for in the Land Use Plan of the Comp Plan (see Cluster Development below).” Ord 856 Waterside has created a development that will “LIMIT GRADING” “GRADING LIMITATIONS: Spencer Ranch is located in the “Midlands” Ecological Region of Westlake (Pg. 71 of the Comprehensive Plan). The Comp Plan requires measures be taken by any developer to limit impacts on the ground plane which promote erosion. This includes limitations on grading. Therefore, Waterside is committed to limitations on grading by allowing only that grading as is necessary to construct streets, infrastructure, development amenities, and individual homes. Waterside will prohibit the creation of lot pads and the use of side lot line retaining walls to create lot pads. Waterside will respect some exceptions where patios, drives, and pools are built that can be viewed as extensions of the home.” Waterside has created a development that will “RESTORE THE NATURAL MOSAIC” “RESTORATION OF THE NATURAL MOSAIC: Page 74 of the Comp Plan calls for “contextualization”. The Comp Plan states: “Contextualization, which grows from a commitment to landscape integrity is what helps to preserve the property values sustained in Westlake. It is therefore important that the plan creates mechanisms to continue the commitment to landscape integrity, not only to preserve the pastoral landscape of the Town, but to also preserve property values. In this sense, landscape integrity needs to guide the development-related considerations of the Comprehensive Plan.” Landscape Integrity is defined, in the same section, as “development that has been contextualized to fit within the natural landscape…” Therefore, Waterside will use the landscape opportunities presented by open space, defining clusters, to restore the natural mosaic in such a way that the Comp Plan’s call for “contextualization” is achieved. Therefore, Waterside will use the landscape opportunities presented by open space, defining development clusters, to restore the natural mosaic in such a way that the Comp Plan’s call for “contextualization” is achieved. This will require a considerable commitment to landscape materials and native species employed in a manner consistent with the Concept/Development Plan.” Ord 856 Waterside has created a “CLUSTERED” development “CLUSTER DEVELOPMENT: The Land Use Plan section of the Comp Plan (page 159) states that “smaller lots could be compatible with this character [district] if such lots are CLUSTERED AND SURROUNDED WITH OPEN SPACE…”. Waterside is presenting a “cluster development”, Concept/Development Plan in which the “clusters” are surrounded with open space. To accomplish this in a manner consistent with the other requirements of the Comp Plan, Waterside will use the water theme element as an aspect of the open space defining the required development clusters as illustrated on the Concept/Development Plan.” Ord 856 LANDSCAPING Landscaping: Spencer Ranch will approach the total landscaping effort as one cohesive and comprehensive unit for the entire tract of land. The landscaping design will incorporate the vision of the entire tract using all aspects of the terrain, thus creating the “natural mosaic” the town prefers. Although installed in individual increments as each home is completed, the Spencer Ranch vision is to create an overlay of a full and comprehensive landscape plan that embodies the entire parcel of land and raises the standards in Westlake and is not prejudice to any one dwelling. Landscaping will encompass many aspects for the development, conceptually and physically and will be implemented in phases; a. Park Land Dedication area-outside of the community fencing b. Development infrastructure/streets; c. Individual houses The master landscape plan will include the following elements: • The establishment of a riparian tree corridor that defines the housing cluster zoning and further defines the water system is an important aspect of this community. • Establishing forest and meadows using various types, sizes and species of trees developing a diverse over story. • Further definition will be given to the forest by using a native understory in certain areas of the community. • Weaving natural features such as bald cypress trees in and around the water system providing a more natural bank and greater complexity at the edge definitions. • Water themed community with the water emanating from the main community center water feature and acting as the “headwaters” for the water system. • A genuine effort will be made to save and protect old-growth trees. • Water features, trails, fencing, retaining walls and other architectural structures will be developed to the highest degree of thought thus impacting the community in a positive way. • Care will be given to how the landscaping and streets interact giving careful attention to the development of “social space” as it relates to this aspect. Landscape architect: TBD Ord 856 UNIQUE AMENITIES Spencer Ranch Community Amenities: A gate house/sales center will be constructed on the property in the general location as shown on the Concept/Development Plan similar to the rendering concept below. The developer shall build the gate house/sales center structure along with the infrastructure improvements prior to the filing of the Final Plat. An amenity center will be constructed on the property in the general location as shown on the Concept/Development Plan similar to the rendering concept below. The developer will complete this facility within a timeframe not to exceed the closing of the 18th home in Spencer Ranch. The amenity center will contain the following minimum amenities: • Wine tasting room and storage facility • Exercise facility • Meeting area for approximately 50 people • A “Board Room” facility • Swimming pool/water feature Ord 856 An open-air event pavilion will be constructed on the property in the general location as shown on the Concept/Development Plan, similar to the rendering concept below. The developer will complete this facility within a timeframe not to exceed the closing of the 18th home in Spencer Ranch. Open Community Amenities: • Multiple Lakes • Private internal trail system connecting to the public trail system with pet sanitation and watering stations • Areas designated for Public Art Competition • Trailhead parking • Historical landmark preservation of the Buck E. King historical marker Ord 856 Community Fencing: Spencer Ranch will have a completely secure perimeter with contiguous fencing of various approved types employed in a manner consistent with the Concept/Development Plan below. Ord 856 Perimeter fencing for the development shall be the following: • Pearson & Aspen development border (west/north) shall have decorative iron fencing that generally parallels Public streets as illustrated on the Concept/Development Plan. Decorative iron fencing with masonry columns and masonry wall sections strategically placed as determined appropriate to provide aesthetic accents, privacy, and/or shield undesirable vehicle light transmission as determined by the Developer’s Landscape Architect. • Fisher Property Private Border (north/east)- shall be one of the approved fence types-TBD • Vaquero Golf course (east) fence is currently in place and shall be cleaned and repainted black. Ord 856 • City of Keller border (south) shall be high quality, vinyl coated heavy galvanized fence and framework with dark wind screen to be allowed for the south property line (City of Keller) from the Vaquero Golf Course to the west. The screening fence will terminate at the decorative iron fence that runs along Pearson Rd and will not extend farther west than the decorative iron fence. “South property border screening from City of Keller” Fences on individual lot property lines are generally prohibited, except as approved by the ARB for: a. Dog runs b. Swimming pool safety c. Privacy for internal courtyards Fence Materials: Fences may be any of the following: • Masonry • Wrought Iron, such fences may be made of solid stock or thick wall tubular steel (sufficient thickness to not burn through when welded but no thinner than 3/32 inch) with any finials or other decorative detailing being made of solid stock and welded to the fence construction or wrought as part of the iron making process. • Wood along property lines that are not in the discouraged yard space. Where wood fences are used, they should be supported by vertical tubular steel supports with at least 3 2x4 stringers supporting a wood fence design with a decorative wood cap detail. The finished face of the wood fence should face to the outside of the lot, if only 1 face is finished. Wood face member of the fence should be a minimum of ¾ inches thick. Ord 856 • Welded tubular agriculture fences not located in a development where such a fence presents a contrast other fences of the development, and hosts and agricultural use or the fence is part of an agricultural theme is allowed. • High Quality, Vinyl coated heavy galvanized fence and framework with dark wind screen (south property only). Gate Materials: a. Wood with frame members measuring a minimum of 1.5 inches thick and infill planks measuring a minimum of 1.5 inches thick. b. Wrought Iron with the frame measuring a minimum of 1.5 inches square with pickets of at least ¾ in. square with welded connections. Such fences may be made of solid stock or thick wall tubular steel (sufficient thickness to not burn through when welded but no thinner than 3/32 inch) with any finials or other decorative detailing being made of solid stock and welded to the fence construction or wrought as part of the iron making process. Waterside has created a development that respects “OPEN LAND & UNINTERRUPTED GROUND PLANE” “OPEN LAND, UNINTERRUPTED GROUND PLANE, AND ELIMINATION OF OPAQUE FENCING (EXCEPT FOR SPECIFIC FUNCTIONAL PURPOSES): Page 159 of the Comp Plan states that “the sense of open land is more essential than lot size”. Also, it is an intent of the Pastoral Character District that “homes are sited in ways responsive to features of the lot, instead of the street.” Page 159 also states, “the overall character is one of a dominant landscape and houses arrayed within it”. Adding to this emphasis on land, page 202 of the Comp Plan states that “articulation of neighborhood edges can subdivide the ground plane with opaque walls and other hard division, which begin to suburbanize the rural landscape”. Later, on that same page it states, “open spaces are meant to be remnants of the historic rural landscape and serve as seams that bind the commercial and residential uses together…therefore, porous edges are more preferred than barrier edges”. It is clear that the Comp Plan seeks to preserve the sense of uninterrupted ground plane in the Pastoral Character District. Consequently, Waterside will provide means of defining edges (development and property fencing) that preserves the uninterrupted ground plane (as much as possible) in a way that remembers the historic rural fabric. Neighborhood definition will be transparent, not a solid barrier. Property fencing will be limited, with certain concessions to privacy needs, screening, and dog runs accommodated in ways that do not result in isolating the entire lot from the general ground plane as shown on the Concept/Development Plan.” Ord 856 SPENCER RANCH LAND USE PARKS AND OPEN SPACE Open space: The Westlake Comprehensive Plan and future land use plan do not show any open-space requirements for the subject property. However, per the proposed Concept/Development Plan, Waterside is providing Open Space and dedicating the following Public Open Space to the Town of Westlake: • Approximately 13.7 acres of open space are being provided. • Approximately 9.6 acres of Private Open Space • Approximately 3.6 acres of Public Open Space • Approximately 0.5 acres of Tree Dedication • This dedication includes a privately maintained and publicly owned/accessible linear park along Pearson Lane, and a tree preserve area near the neighboring property on Aspen Lane. • This dedication also requires any houses that side to Pearson Ln be no clo ser than 150 feet from Pearson Ln. Ord 856 Parkland dedication: Parkland dedication is required based on 1-acre of parkland for every 30 residences for a total of 2.4 acres. The Concept/Development Plan shows approximately 3.6 acres to be dedicated with the platting of this property. The parkland will be privately maintained by the HOA but will be publicly accessible. Waterside has created a development that respects “PUBLIC OPEN SPACE & RURAL LANDSCAPE PRESERVATION” “PUBLIC OPEN SPACE/ RURAL LANDSCAPE PRESERVATION: Page 193 of the Comp Plan describes Rural Ranch Landscape (a type of Open Space recommended for the Pastoral Character Zone) as places “where residential development may move to preserve some aspect of the rural heritage”. In the Urban Design Structure portion of the Comp Plan states that “open space edges are meant to be remnants of the historic rural landscape…” Clearly, the Comp Plan is seeking to find opportunities for preservation of the rural heritage of Westlake in the creation of open space. Spencer Ranch contains a water feature that remains from earlier days (likely a ranch stock pond). Therefore, Waterside will take measures to include portions of this water body in a usable open space that can fulfill the Comp Plan call for rural landscape preservation.” Public Art: Waterside has a strong desire to support the arts in Westlake and will commit the following to a Public Art Competition: a. A competition site of a size to be determined, to place the art at Spencer Ranch in the Public Open Space b. A donation by Waterside of an amount to be determined will be outlined in the Economic Development Agreement. Ord 856 STREETS, PARKING, SIDEWALKS AND TRAILS Streets: All community streets will be privately owned and maintained. They will be constructed with mountable curbs with enhanced finishes. Streetlights: Streetlights will be located at corners and intersections. Light fixtures will be low-pedestal-type fixtures that comply with Town ordinances and dark-sky design guidelines. Sidewalks: Sidewalks (natural material) will be located along each side of the esplanade water feature, serving pedestrians on both sides of the divided main roadway. Trail systems: The internal trail system will facilitate pedestrian mobility within the community. The public trail system will be extended from Aspen Lane south to the Town border. The internal trail system will connect to the public trail system at access-controlled locations. Water: Town of Westlake water system will connect to the development at two separate locations to create a looped-system. Sewer: The project engineer has met with town staff and performed the necessary calculations to determine that the public water and sewer systems can accommodate the additional loads anticipated to be generated by the proposed development and there are multiple access points available for connection to the public systems. Storm-water: Combination of natural grassed swales, detention ponds, and reflecting pools, connecting to the existing public street storm-water system. Duct bank: As required by Town ordinances, the developer will install a duct bank system throughout the subdivision. Each home will be connected to the duct bank system prior to the Certificate of Occupancy approval. Ord 856 HOME SPECIFICATIONS Home Pricing: The diversity of housing orchestrated in “Cluster Zones” are projected to have an initial sales price starting at $1,595,000.00 Spencer Ranch contains both one and two-story homes. Spencer Ranch Homes are expected to have the following square footage by type: 1. South Side Villa Homes (A) 3,500 sq.ft. 2. Upper East Side Brownstones (B) 4,000 sq.ft. 3. Meadows Villa Homes (C) 4,000 sq.ft. 4. Meadows Lakeside Homes (D) 4,500 sq.ft. 5. Ridgeview Homes (E) 5,000 sq.ft. 6. Promenade/Estate Homes (F) 5,500 sq.ft. “The locations of the housing types listed are shown on the Concept/Development Plan Supplemental housing type Designation Plan by their respective letter designations.” Building Setbacks: Front Rear (1) Sides Promenade homes (F) 20* 20** 10*** All other detached homes (A,C,D,E) 20* 20** 5 All single-family attached (B) 20* 20** 0 (1) When backing or siding to Aspen Lane, there shall be a 25-foot minimum setback. When backing up to Vaquero Golf Club there shall be a 25 ft. minimum set back permitted for no more than 50% of the homes facing the shared property line with the Golf Club. The balance of homes facing this shared property line shall have a setback 30 ft. or greater so that the configuration of variable setbacks substantially conforms to the Concept/Development Plan. Lots adjacent to, or backing up to, Aspen Lane shall have a 25-foot minimum setback. *Garages, courtyards, and accessory structures may encroach up to 10 feet into the required front yard. **When abutting an open space or water feature, no setback is required. ***Promenade Homes that side to Pearson Ln are required to have a minimum setback of 150 feet. Ord 856 LOT SPECIFICATIONS Density & Lot Size: Spencer Ranch will be a unique “Lifestyle” community that will contain a maximum of 72 high-quality single-family attached and detached homes. The lots may be custom fitted to accommodate homes as they are purchased. Housing type, size, number of floors and the homeowner’s desire for larger or smaller footprints will impact lot size and configuration, and ultimately the total number of lots to be built upon. Larger lots may result in a lower total number of lots in the development. Minimum Lot Widths: Promenade / Estate homes (F) 85 feet Villa homes (A, C, D) 70 feet Ridgeview homes (E) 65 feet Attached homes (B) 80feet (2, 40-foot lot groups) Waterside has created a development that contains quality “LOT DENSITY” “DENSITY: Page 159 of the Comprehensive Plan states, "smaller lots could be compatible with this character district if such lots are clustered and surrounded with open space so that the gross density remains 1 dwelling unit per acre". The text immediately following that statement further states, "the sense of open land is more important than lot size". The second statement offers a qualifier to the application of the first statement, suggesting that density may yield to accomplishment other visions of the Comp Plan. However, that variation from 1 unit per acre in order to achieve that "sense of open land" and cluster development must be limited so that the resulting development is not confused with densities more typical of another Character District. While some increase in density may be suitable if ALL other visions of the Comp Plan are accomplished, that density MUST be appropriately less than 2 units per acre. Therefore, Waterside commits to a density that is less than 2 units per acre (specifically1.89 units per acre) which Waterside views as necessary to achieve ALL other visions of the Comp Plan, as they are applicable to this site and specified in this application for Spencer Ranch.” Ord 856 “Main Promenade at Spencer Ranch” Waterside has created a development that creates a “DIVERSIFICATION OF HOUSING” “DIVERSIFICATION OF HIGHER END HOUSING OPTIONS THROUGH CREATION OF A UNIQUELY SOCIAL LIFESTYLE COMMUNITY: The Housing Plan component of the Comp Plan (pages 261-272) stresses the need for “life style” offerings to accompany housing options for other high-end markets. These projects, which diversify the housing offerings more typical of Westlake are needed to attract younger buyers, meet future housing needs of an aging population, and mitigate value encroachment (typically approaching Westlake from Southlake and Keller). The unique location of Spencer Ranch at the edge of the Town, abutting the shared boundary line with Keller, makes it particularly important to accomplishing this objective. Therefore, Waterside has created a “lifestyle” product which is more than simply smaller lots. Spencer Ranch presents a true housing/living option that will indeed capture a high-end buyer at the edge of the Westlake submarket (abutting Keller) …thereby affirming the continued integrity of that submarket. Key to the lifestyle/ housing product is the proposed social use of the street space and the creation of a true promenade, in the manner of distinctive/ historic developments such as Riverside, Chicago (1879). Waterside commits to create a significant central promenade with amenities that enhance pedestrian use of the entire space and promotes pedestrian pleasure in that use, as shown on the Concept/Development Plan.” Ord 856 Minimum Size: The minimum size of a residence shall be 3,000 square feet. Massing: Massing will vary by housing type. Great attention will be given to achieving horizontal and vertical articulation within individual structures and/or within groups of structures, so as to avoid the uniform massing and alignment found in typical suburban subdivisions. Building Height: Because of the potential for lower-pitched roofs with the chosen architectural style, smaller footprints of clustered homes, and respecting the natural terrain in the development with terrain absorption within the foundatio ns of each house, we are requesting a maximum height of 36 feet, as measured from the top of the foundation to the highest plate for attached homes, and 35 feet, as measured from the foundation to the mid-span of the highest roof pitch for detached homes. This allows the architectural aspect to create a rolling fabric of houses not restricted to the typical cookie-cutter guidelines. Garages: Promenade/Estate homes shall have a minimum of three enclosed parking spaces. All other homes shall have a minimum of two enclosed parking spaces. Garage doors shall be made of sectional wood or be wood clad. Garage doors shall be recessed a minimum of (8) eight inches (nominal) from the plane of the adjacent wall. Front facing garage doors are allowed if located further back on the lot than the side-facing garage portion and are in a motor court setting. Roofs: Roofing materials facing the weather shall be of high and enduring quality. Permitted roof materials include: a. High quality clay or concrete tile (with a thickness similar to clay). (Acceptable styles and colors to be detailed in the Spencer Ranch Design Guidelines document) b. Metal: Traditional standing seam with standing folded and soldered seams. Allowed for porches and architectural features only. (Acceptable styles and colors to be detailed in the Spencer Ranch Design Guidelines document) c. Flat or low-pitched roofing that is 2:12 pitch or less may be of any code approved material. Ord 856 Windows: Orientation of all windows at Spencer Ranch will follow the Town’s Building Quality Manual section; Standard 3.10: Openings. Spencer Ranch will allow the following windows and doors providing they are of high quality and comply with the Spencer Ranch Building Guidelines: a. High quality wood windows and doors with metal clad exteriors and minimum glazing with Cardinal 366 insulated glass or equal. b. High quality iron windows and doors and minimum glazing with Cardinal 366 insulated glass or equal. Exterior walls: Exterior walls shall be 80 percent masonry as required for all Residential Districts by the Code of Ordinances. Exterior walls shall have horizontal and vertical articulation or architectural delineation on all elevations. Exterior lighting: All exterior lighting shall be subdued, indirect and comply with town ordinances, as well as follow “dark-sky” design guidelines. Ord 856 QUALITY CONSTRUCTION INTENT The intent of Waterside’s submittal, to create a community of clustered high- quality homes on smaller low-maintenance lots, to provide the “diversity of housing types” that the Comprehensive Plan states is needed within the Town of Westlake. This new proposed PD District will contain development standards that are intended to guide design and construction of the high- quality homes within the new PD District to be equal to or exceed the current level of quality of construction and finish-out as that found in the best of the larger estate homes that currently exist in the Town of Westlake. This new PD contains language that references: • An Architectural Review Board (ARB) • Spencer Ranch Building Guidelines • Town of Westlake Building Quality Manual It is the intent of this new PD to use these documents, as approved by the Town. The ARB shall assure compliance with all architectural standards and may not change the documents so as to cause a change in permittable architectural style without the Town Managers prior approval. The ARB shall approve all plan submittals prior to them being submitted to the Town for permitting. The Town still has authority to enforce Town of Westlake ordinances and the Building Quality Manual. Waterside has created a development that incorporates the Town’s “BUILDING QUALITY MANUAL” “INCORPORATION OF THE TOWN’S BUILDING QUALITY MANUAL: The Town has, in no uncertain terms, made a statement as to its expectations for the future quality of its built fabric in the recently adopted Building Quality Manual. Therefore, Waterside will adopt Westlake’s Building Quality manual as part of the Spencer Ranch Design Guidelines.” Ord 856 COMMUNITY ASSOCIATION & DESIGN CONTROL Homeowners Association: The community will be governed by a to-be-established Homeowners Association (HOA) that will be responsible for the common area maintenance, private street maintenance, and enforcing the design guidelines for the community. Design Guidelines: A detailed design guideline document is being prepared specifically for Spencer Ranch. The Spencer Ranch design guideline document will clearly detail design and building guidelines specific to Spencer Ranch and will also - incorporate the Town of Westlake’s Building Quality Manual into its architectural standards. Design enforcement will be performed by the ARB which will include a licensed Architect as a required member. The Town will assure compliance with the all Town Ordinances. Architectural Design: At Spencer Ranch, The Developer/Builder will employ 360-degree architecture when designing each residential product within the development. The open/urban beauty of the development drives this design and building practice. In this practice, full consideration is given to every building elevation and every roof plane of each structure during the design process. The intent is to ensure delivery of aesthetically pleasing architectural features as viewed from all parts of the development, and not create a distinct and determinable hierarchy between major and minor elevations. Waterside will reduce the visual impact of all exterior mechanical elements. Spencer Ranch requires all building plans submitted be done by a Licensed Architect. Architectural Review: An Architectural Review Board (ARB) will be established through the HOA/declarant that has approval authority over the house quality of design and construction of all homes and additions. The ARB will be charged to ensure that the Building Guidelines of Spencer Ranch and the included Westlake Building Quality Manual provisions, are strictly followed. The Conditions, Covenants, and Restrictions will establish the required makeup of the ARB which will include a licensed Architect as a required member. Ord 856 Waterside has created a development that requires “LICENSED ARCHITECTS” “LICENSED ARCHITECT PROVISION OF PLANS THAT INCLUDE EXTERIOR DETAILS NECESSARY TO EXPLAIN ALL FEATURES OF CONSTRUCTION TO THE BUILDING TRADES: Much of the home designs built in Westlake, Southlake, Trophy Club, and Keller are done by “Building Designers” instead of a Licensed Architect. The plan sets produced by this means of production are very basic, leaving much of what is finally seen from the street, in the hands of a tradesman who may, or may not, have sufficient background to execute an outcome consistent with the design intent or the particular style represented by the “designer’s” drawings. Continued over time, this will ultimately weaken the distinctiveness of Westlake. Therefore, Waterside commits to have all building plans prepared by a Licensed Architect and that plan sets prepared by this architect will contain sufficient details to fully explain the exterior construction to a competent contractor/tradesperson.” Ord 856 LIFESTYLE COMMUNITY WITH MAINTENANCE FREE LIVING Waterside Home Maintenance Concierge provides a “World Class” level of service to its clients that is not offered in the marketplace. We strive to exceed all expectations of a Concierge Maintenance service by preprogramming maintenance and anticipating our client’s needs. Waterside’s Home Maintenance Concierge Service will provide its full complement of services to the Spencer Ranch community and manage all aspects for the community services with it’s on site personnel. The service creates “One Point of Contact” for our clients and provides them with a trusted advisor so they can live a maintenance free lifestyle! Waterside also offers our exclusive Lock – N – Leave service creating worry free travel! The service platform that Waterside HMC offers to its clients include some of the following: • Fully managed property maintenance services • Lock-N-Leave service year round • Quarterly 110point maintenance checks • Monthly 20point maintenance checks • 24/7 Emergency Service Response • Single point of contact • Preventative maintenance service and checks on all equipment • Complete supervision of any additional work completed at the house • Additional Boutique services available (window cleaning, power washing, etc...) • Vetted Preferred Contractor used for any and all work • Quality craftsmanship and industry knowledge Ord 856 CONSTRUCTION SITE MANAGEMENT Debris: All construction debris from all construction sites within the development will be contained in a central location. The location will be enclosed with temporary wood fencing, or chain-link fencing with screening material attached, as to not be directly visible from any street. Contractors will be required to contain debris daily and/or transport to the containment site. Soil: All construction spoils or natural soil moved from all construction sites within the development will be stored in a designated location(s) that will be enclosed by proper silt fencing and/or other erosion control measures as needed. Documentation: All town and construction documentation, including but not limited to building permits, inspection reports, geotechnical studies and building plans, will be located on-site in the construction offices of the developer/builder with full access granted to town building officials. Sanitary Stations: Multiple sanitary stations (port-o-let) will be located within the community in close proximity to all construction sites. The stations will be screened from the street frontage, either behind a 6-foot-high screening fence or with temporary mock-ups built from materials similar to the materials used in the construction of the homes. The mock-ups will contain three walls and a roof section hiding the stations from the street view. Sanitary stations will be cleaned on a regular schedule. Material Storage: Material storage will be located within a designated area(s) that will be screened with fencing TBD. Construction Parking: Contractors will be allowed to park only in designated parking areas and on a single side of the roadway near the construction site, but not adjacent to any occupied dwellings. Contractors will be required to park in designated parking areas only for weekend work after residents occupy the development. end Ord 856 Exhibit B-4 Ord 856 Exhibit B-4 Ord 856 Exhibit B-5 Ord 856 Exhibit B-6 Ord 856 Exhibit B-6 Ord 856 Exhibit B-7 Ord 856 Housing ElevationsExhibit B-8Ord 856 Housing ElevationsExhibit B-8Ord 856 Housing ElevationsExhibit B-8Ord 856 Housing ElevationsExhibit B-8Ord 856 Ordinance 856 Page 2 of 15 WHEREAS, all legal requirements of state statutes and Town ordinances of the Town of Westlake, as well as all legal requirements and legal notices and prerequisites having been complied with, including but not limited to chapter 551 of the Government Code and Chapter 211 of the Local Government Code; and WHEREAS, on May 14, 2018, the request was heard by the Westlake Planning and Zoning Commission and the Planning and Zoning Commission recommended denial of said request; and WHEREAS, the Town Council of the Town of Westlake, Texas, at a public hearing called at a regular session of the Town Council did consider the following factors in making a determination as to whether the requested change should be granted or denied: congestion in the streets, including safety of the motoring public and the pedestrians using the facilities in the area; to secure safety from fire, panic or other dangers; the promotion of health and the general welfare, to provide for adequate light and air, to prevent the overcrowding of land; to avoid undue concentration of the population, facilitating the adequate provision of transportation, water, sewers, schools, parks, and other public requirements; and WHEREAS, the Town Council has determined that said Zoning Change Request is consistent with the development goals, standards, and desired uses described in the Comprehensive Plan; and WHEREAS, the Town Council of the Town of Westlake, Texas, is of the opinion that it is in the best interests of the Town and its citizens that this Ordinance should be approved and adopted. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF WESTLAKE TEXAS: SECTION 1: That all matters stated in the preamble are found to be true and correct and are incorporated herein as if copied in their entirety. SECTION 2: That the property shown on attached Exhibit “A” is hereby rezoned from the R5, “Country Residential” zoning district to PD7, Planned Development District Number Seven”, including the approval of a concept/development plan and a Specific Use Permit (SUP) for private streets, subject to the conditions contained in Exhibit “B”. SECTION 3: This Zoning District shall be subject to all regulations contained in the Code of Ordinances of the Town of Westlake, Texas, except where amended herein. SECTION 4: The Town Secretary shall amend, or cause to have amended, the Official Zoning Map of the Town of Westlake to reflect the zoning of the property described and depicted on attached Exhibit “A”. SECTION 5: It is hereby declared to be the intention of the Town Council of the Town of Westlake, Texas, that sections, paragraphs, clauses and phrases of this Ordinance are Applicant withdrew request Ordinance 856 Page 3 of 15 severable, and if any phrase, clause, sentence, paragraph or section of this Ordinance shall be declared legally invalid or unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such legal invalidity or unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs or sections of this Ordinance since the same would have been enacted by the Town Council of the Town of Westlake without the incorporation in this Ordinance of any such legally invalid or unconstitutional, phrase, sentence, paragraph or section. SECTION 6: That this Ordinance shall be cumulative of all other Town Ordinances and all other provisions of other Ordinances adopted by the Town which are inconsistent with the terms or provisions of this Ordinance are hereby repealed. SECTION 7: That this Ordinance only affects the Property located within the boundaries of PD 7 and does not change or affect any other property, including but not limited to the property adjacent to PD 7. SECTION 8: Any person violating any of the provisions of this ordinance shall be deemed guilty of a misdemeanor offense and upon conviction thereof shall be fined in a sum not to exceed Two Thousand Dollars ($2,000.00) for each separate offense. A separate offense shall be deemed committed upon each day, or part of a day, during which a violation occurs or continues. SECTION 9: This ordinance shall take effect immediately from and after its passage as the law in such case provides. PASSED AND APPROVED ON THIS 21st DAY OF MAY 2018. _____________________________ ATTEST: Laura Wheat, Mayor ____________________________ ______________________________ Kelly Edwards, Town Secretary Thomas E. Brymer, Town Manager APPROVED AS TO FORM: ____________________________ L. Stanton Lowry, Town Attorney Applicant withdrew request Ordinance 856 Page 4 of 15 EXHIBIT A Description and Depiction of Subject Property Property Depiction Applicant withdrew request Ordinance 856 Page 5 of 15 EXHIBIT A continued Description and Depiction of Subject Property Property Description Applicant withdrew request Ordinance 856 Page 6 of 15 EXHIBIT B Planned Development District Number 7 (PD7) Development Standards Section 1 – General A. The purpose of PD7 is for a detached, and attached, single-family residential development of no more than 72 residential lots with a gross maximum density of 1.89 dwelling units per acre. B. The development authorized by this ordinance shall be substantially consistent with the Concept/Development Plan, attached as Exhibit B-1. C. Platting 1. The developer shall submit, and receive approval for, a preliminary site evaluation prior to any land disturbance activities; 2. Prior to the final acceptance of public improvements, approval of private streets and release of residential building permits, the developer shall submit, and receive approval for, a final plat, which shall be platted as a single phase. 3. The final plat noted above shall be recorded with the County Clerk prior to the release of any residential building permits. 4. Prior to the approval of the preliminary site evaluation, the developer shall submit a development agreement for final approval by the Town Council per the requirements of the Code of Ordinances. 5. For the purpose of executing the design goals of this ordinance and all exhibits attached herein, amended plats may be submitted as part of a building permit application in order to perform minor adjustments to lot boundaries as needed. The final recording of said amended plat may be deferred to the completion of construction provided the plat is recorded before the completion of the final inspection. D. Permitted Uses – The following are permitted principal and accessory uses: 1. Single Family Attached and Detached Homes 2. Open Space (including active, passive and conservation areas) 3. Private Streets 4. Public and Private Parks 5. Drainage facilities (including retention and detention ponds) 6. Guard houses 7. HOA operated amenities, including an amenity center for the private use of the development residents 8. Accessory Uses (as authorized in the Town’s zoning regulations) E. Homeowner’s Association – The development shall be governed by a Homeowner’s Association (HOA) that will be responsible for common area Applicant withdrew request Ordinance 856 Page 7 of 15 maintenance, guard house and amenity center maintenance, private street maintenance, front yard maintenance and enforcing the HOA Design Guidelines for the community. The Home Owners Association shall appoint an Architectural Review Committee that must have at least one (1) Texas Licensed Architect with experience in applying Design Guidelines and advising an Architectural Review Committee on matters of design. F. Any change, reassignment, and/or transfer of ownership from the developer that is the signatory party in the development agreement noted above to a different entity shall require the approval of the Town Council through an amendment to the development agreement, through a separate resolution, or as an amendment to this ordinance. G. Single family attached units authorized by this ordinance may, at any time before the submission of the preliminary site evaluation, be changed to single family detached units. H. The developer of this project shall be the builder of all units constructed therein, in compliance with the terms and conditions of such commitment laid out in the Town approved Developer Agreement or unless otherwise requested by the developer and approved by the Town Manager or designee for special conditions. I. All plans submitted for permit within this development shall be prepared by a Texas Licensed Architect and contain sufficient details required to explain the full exterior construction to a competent contractor. Section 2 – Residential Design Standards A. Lot and Housing Specifics: The following are the design criteria for each housing type as described in Exhibit B-3 and shown on Exhibit B-1: 1. South Side Villa Homes a. Housing Type: Single Family Detached b. Minimum Lot Size: 1,000 square feet c. Minimum Lot Width: 70 feet d. Front Setback: 10 feet; or 5 feet for side facing garages, courtyards and accessory structures not utilized for storage. e. Side Setbacks: 5 feet f. Rear Setback: 20 feet, or 0 feet abutting water features and/or open space. g. Minimum Unit Size: 3,000 square feet h. Maximum Height: 35 feet from grade to the mid-point of the span of the highest pitch. Applicant withdrew request Ordinance 856 Page 8 of 15 2. Upper East Side Brownstones a. Housing Type: Single Family Attached b. Minimum Lot Size: 1,000 square feet c. Minimum Lot Width: 40 feet d. Front Setback: 20 feet; or 10 feet for side facing garages, courtyards and accessory structures not utilized for storage. e. Side Setbacks: 0 feet f. Rear Setback: 20 feet, or 0 feet abutting water features and/or open space. g. Minimum Unit Size: 3,000 square feet h. Maximum Height: 36 feet from the finished floor elevation to the top roof plate. 3. Meadows Villa Homes a. Housing Type: Single Family Detached b. Minimum Lot Size: 1,000 square feet c. Minimum Lot Width: 70 feet d. Front Setback: 10 feet; or 5 feet for side facing garages, courtyards and accessory structures not utilized for storage. e. Side Setbacks: 5 feet f. Rear Setback: 20 feet, or 0 feet abutting water features and/or open space. g. Minimum Unit Size: 3,000 square feet h. Maximum Height: 35 feet from grade to the mid-point of the span of the highest pitch. 4. Meadows Lakeside Homes a. Housing Type: Single Family Detached b. Minimum Lot Size: 1,000 square feet c. Minimum Lot Width: 70 feet d. Front Setback: 10 feet; or 5 feet for side facing garages, courtyards and accessory structures not utilized for storage. e. Side Setbacks: 5 feet f. Rear Setback: 20 feet, or 0 feet abutting water features and/or open space. g. Minimum Unit Size: 3,000 square feet h. Maximum Height: 35 feet from grade to the mid-point of the span of the highest pitch. 5. Ridgeview Homes a. Housing Type: Single Family Detached b. Minimum Lot Size: 1,000 square feet c. Minimum Lot Width: 65 feet d. Front Setback: 20 feet; or 10 feet for side facing garages, courtyards and accessory structures not utilized for storage. e. Side Setbacks: 5 feet Applicant withdrew request Ordinance 856 Page 9 of 15 f. Rear Setback: 20 feet, or 0 feet abutting water features and/or open space. g. Minimum Unit Size: 5,000 square feet h. Maximum Height: 35 feet from grade to the mid-point of the span of the highest pitch. 6. Promenade/Estate Homes a. Housing Type: Single Family Detached b. Minimum Lot Size: 1,000 square feet c. Minimum Lot Width: 85 feet d. Front Setback: 20 feet; or 10 feet for side facing garages, courtyards and accessory structures not utilized for storage. e. Side Setbacks: 5 feet f. Rear Setback: 20 feet, or 0 feet abutting water features and/or open space. g. Minimum Unit Size: 3,000 square feet h. Maximum Height: 35 feet from grade to the mid-point of the span of the highest pitch. B. Special Setback Provisions: 1. For lots that are adjacent to the Vaquero Golf Club, there shall be a 25 foot. minimum setback permitted for no more than 50% of the homes facing the shared property line with the Golf Club. The balance of lots facing this shared property line shall have a setback 30 ft. or greater so that the configuration of variable setbacks substantially conforms to the Concept/Development Plan. 2. Lots adjacent to Aspen Lane shall have a 50-foot minimum setback from Aspen Lane. 3. Promenade/Estate Homes shall be setback a minimum of 150 feet from Pearson Lane. 4. All homes shall be setback a minimum of 40 feet from the southern boundary line of the development. C. Garages: Promenade/Estate homes shall have a minimum of three enclosed parking spaces. All other homes shall have a minimum of two garage parking spaces. Garage doors shall be made of sectional wood or be wood clad. Garage doors shall be recessed a minimum of (8) eight inches (nominal) from the plane of the adjacent wall. Front facing garage doors are allowed if located further back on the lot than the side-facing garage portion and are in a motor court setting. D. Roofs: Permitted roof materials include: Applicant withdrew request Ordinance 856 Page 10 of 15 1. High quality clay or concrete tile (with a thickness similar to clay). (Acceptable styles and colors to be detailed in the Spencer Ranch Design Guidelines document) 2. Metal: Traditional standing seam with standing folded and soldered seams. Allowed for porches and architectural features only. (Acceptable styles and colors to be detailed in the Spencer Ranch Design Guidelines document) 3. Flat or low-pitched roofing that is 2:12 pitch or less may be of any code approved material. E. Exterior Walls: Exterior walls shall meet the requirements of the Town’s Building Quality Manual as adopted by Resolution 18-02. F. Design Guidelines: Prior to the approval of the preliminary site evaluation, the developer shall submit final design guidelines for approval by the Town Council that shall be recorded with the private deed covenants, conditions and restrictions. Said guidelines shall incorporate the recommendations contained in the Westlake Building Quality Manual referenced above. With the exception of any guideline provision addressing a particular architectural style, said design guidelines shall be enforced by Town staff in reviewing building permit applications for compliance with the provisions above. Guideline provisions to be enforced by staff include, but may not be limited to, general building articulation, massing, fenestration, roof slope, construction details and building materials. G. Elevation Samples: All homes constructed in this development shall be generally consistent with the elevation samples provided in Exhibit B-8 such that the primary articulation elements and general layout of the home on the lot are generally consistent with the elevations. Provided all other provisions of this section are met, significant deviations from these elevations may be approved provided that both the homeowner’s association and the Town Manager or designee are in agreement. Section 3 – Landscaping, Open Space, Water Features, Tree Preservation and Parkland Dedication A. Landscaping: Prior to the approval of the preliminary site evaluation, the developer shall submit a master landscape plan for the development prepared by a State of Texas registered landscape architect. Said plan shall be reviewed for final approval by the Town Manager or their designee. The plan may be forwarded to the Town Council for final approval at the discretion of the Town Manager. The final approved master landscape plan shall be included with the development agreement. At a minimum the plan shall include the following: 1. The Plan shall substantially comply with the Concept/Development Plan (Exhibit B-1) Applicant withdrew request Ordinance 856 Page 11 of 15 2. The landscape plan shall reflect developer’s efforts to comply with the “landscape Integrity” objectives of the Town’s Comprehensive Plan and employ predominantly those plant materials (within the planting areas that define the cluster zones and lake edges) that are consistent with restoration of the natural mosaic. 3. Specifics on execution of the landscaping goals stated in Exhibit B-3 including details of planting locations and types, quantities and schedule; 4. A detailed tree survey as required by the Code of Ordinances; 5. Any replanting requirements as part of required tree mitigation; 6. Specific planting and maintenance responsibilities of the developer versus the homebuilder and the homeowner’s association; B. Tree Preservation – All protected trees shall require mitigation upon damage or removal as required by the Code of Ordinances. Where possible, old growth trees and tree clusters should be preserved as identified in the master landscape plan. C. Open Space 1. A minimum of 13.7 acres (36.25%) of the development shall be reserved as open space. All open space, including public and private, shall be substantially consistent with Exhibit B-2 and shall be distributed as follows: a. Private Open Space: 10.1 acres minimum b. Public Open Space (parkland): 3.6 acres minimum 2. Private open space amenities shall, at a minimum, include the following: a. Gate house – The gate house shall be constructed and completed by the developer not later than final acceptance of public improvements and prior to the release of residential building permits. The gate house design shall be consistent with Exhibit B- 4. b. Amenity Center - The amenity center shall be constructed on the property in the location shown on Exhibit B-1. The developer shall build and complete this facility no later than the issuance of the building permit for the 27th home permitted in the development. No additional builder permits shall be issued in the development until the amenity center is deemed complete by the Town Manager or designee. The amenity center shall contain the following minimum amenities: i. Wine tasting room and storage facility ii. Exercise facility iii. Meeting area for approximately 50 people Applicant withdrew request Ordinance 856 Page 12 of 15 iv. A “Board Room” facility v. Swimming pool/water feature The amenity center design shall be consistent with Exhibit B-4. c. Open-air pavilion - An open-air event pavilion shall be constructed on the property in the general location as shown on Exhibit B-1. The developer shall build and complete this facility no later than the issuance of the building permit for the 19th home permitted in the development. No additional builder permits shall be issued in the development until the pavilion is deemed complete by the Town Manager or designee. The pavilion design shall be consistent with Exhibit B-4. D. Parkland Dedication – Parkland dedication as proposed by the developer in Exhibit B-3 and shown on Exhibit B-2 is hereby approved subject to the following conditions: 1. Parkland dedication shall be consistent with Exhibits B-1 and B-2. 2. Maintenance responsibilities for the parkland shall be the responsibility of the developer/HOA. 3. Details of amenities, and final locations of parking and trails shall be approved as part of development agreement between the applicant/developer and the Town. E. Water Features – Water features are a key component of the development, making this a “Water Themed” development as called for in the Town’s Comprehensive Plan. Water features shall be constructed by the developer as part of the required public improvements. Said features shall be located and designed as shown on Exhibit B-1 and shall be maintained by the homeowners association. Section 4 – Fencing A. The perimeter of the development, not including the publicly owned areas, shall contain decorative iron fencing located in a manner substantially consistent with the Concept/Development Plan (Exhibit B-1) and which preserves the sense of “open ground plane” as described in the Town’s Comprehensive Plan by the use of decorative iron fencing with masonry columns. Masonry wall sections shall be permitted as depicted in Exhibit B-5 for the purpose of providing aesthetic accents, privacy, and/or shield undesirable vehicle light transmission as determined in the master landscape plan. B. The portion of the fence located along the southern boundary of the development shall be fully screened by vegetation that restores the natural mosaic. Applicant withdrew request Ordinance 856 Page 13 of 15 C. Individual property fences shall be minimalized in order to preserve the open ground plane and permitted for privacy needs, screening, and/or dog runs in ways that are consistent with HOA guidelines which must prevent isolation of the “lot” from the general ground plane. Section 5 – Streets, sidewalks/trails, parking and access A. Streets – An SUP is hereby granted for all community streets within PD7, which shall be private and constructed to Town standards. Streets shall include enhanced finishes and shall generally match the streetscapes shown in Exhibit B- 6. Street lighting shall be located at all corners and intersections. Lights shall be low pedestal type fixtures that comply with Town standards and Comprehensive Plan recommendations as well as follow the Town’s low intensity lighting standards. B. Trails – A public trail system will be extended from Aspen Lane south to the Town border adjacent to the development. The internal trail/sidewalk system will connect to the public trail system at access-controlled locations. The public trail, shall comply with all Town requirements and shall be generally located as shown in Exhibit B-1 and shall be constructed by the developer as part of the required public improvements. C. A private access easement, a minimum of ten (10) feet in width, connecting the development to the adjacent Vaquero Club golf course, shall be dedicated in the development as part of the final plat such that a future golf cart path connection may be constructed within said easement at a future date should a common agreement allowing access to the golf course be executed. The HOA shall be responsible for maintenance and any future improvements within said easement. D. Parking – Adequate guest parking, trailhead and park parking, and parking for the proposed private amenities shall be shown on the master landscape plan with maintenance responsibilities borne by the homeowner’s association as described in the required development agreement. E. Access – Street access to the development from Pearson Lane shall require written final approval from the City of Keller. A street light shall be installed by the developer at the intersection of Aspen Lane and Pearson Lane. F. Cluster mailboxes – Prior to installation, the final design, location and size of any cluster mailboxes as required by the United States Postal Service shall be submitted to the Town Manager or designee for review. Upon review, the Town Manager or designee may approve or deny said design, location and size. If denied, the developer may appeal the decision of the Town Manager or designee to the Town Council provided the written appeal is received not later than 30 days from the formal notice of denial. Applicant withdrew request Ordinance 856 Page 14 of 15 G. Prior to the final acceptance of public improvements, the developer shall install intersection illumination improvements to the intersection of Aspen Lane and Pearson Lane such that the nighttime visibility of the intersection is improved. Said illumination improvements shall be detailed as part of the development agreement and shall require the final approval of the town manager or designee. H. As part of the required development agreement, the developer shall provide to the Town a detailed proposal that includes the relocation of the intersection of Aspen Lane at Pearson Lane such that the intersection is moved as far as possible to the north to eliminate the existing offset with Cielo Court in the City of Keller. The proposal shall include preliminary engineering designs, cost estimates and any other plans deemed necessary by the Town Manager or designee. Final construction details may be included in the development agreement. Said agreement shall also detail final funding for the construction of the intersection improvement such that total cost is funded by the developer, unless specified otherwise in the agreement. Section 6 – Utilities, Drainage and Grading A. Public Utilities – Water and sewer service shall be provided by the Town of Westlake to this development. The developer shall, at their cost, construct all necessary water and sewer system improvements per Town standards and shall secure any necessary easements. B. Duct Bank - A Duct Bank system shall be installed by the Developer throughout the subdivision as required by Town ordinances. The Duct Bank shall be located within a utility easement, the final details of which shall be determined by the Town Manager or designee. The home builder shall tie into the Duct Bank prior to the Final Inspection for the home. C. Stormwater – Stormwater facilities shall be installed by the developer and employ facilities that are recommended by the comprehensive plan. Final location and design of said facilities shall require the final approval of the Town Manager or designee. D. Lot Grading – Grading and disturbance of land by the developer shall be restricted to areas necessary to construct streets, public infrastructure, development amenities, and approved water features. The pre-grading of individual residential lots by the developer for the purpose of creating a residential pad is hereby prohibited. Section 7 – Public Art and Town Entry Marker/Monument A. As part of the development agreement noted above, the developer agrees to submit a public art plan shall be approved by the Town Manager or designee and that generally conforms to the public art provisions contained in Exhibit B-3 as Applicant withdrew request Ordinance 856 Page 15 of 15 proposed by the developer. A Town of Westlake entry marker or monument may be included in this plan. SUMMARY OF EXHIBITS: Exhibit B-1 – Concept/Development Plan Exhibit B-2 – Open Space Plan Exhibit B-3 – Development Plan and Description by Developer Exhibit B-4 – Amenity Exhibits Exhibit B-5 – Fence Exhibit Exhibit B-6 – Streetview Exhibits Exhibit B-7 – Perimeter Fencing Exhibit Exhibit B-8 – Home Elevation Samples Applicant withdrew request